¶1
Dara Starr Iverson (Iverson) appeals a jury verdict in the
Eleventh Judicial District Court, Flathead County, convicting
her of operating a noncommercial vehicle with alcohol
concentration of 0.08 or more (DUI per se), a
felony. We affirm in part and reverse in part.

¶2
We restate the issues on appeal as follows:

1. Whether Iverson's right to due process was
violated by a jury instruction that instructed the jurors,
when choosing between two competing interpretations of
circumstantial evidence-one that supports guilt and one that
supports innocence-to choose whichever interpretation was the
"most reasonable?"

2. Did the District Court err in imposing cost of legal
counsel on Iverson?

3. Did the District Court err in incorporating additional
costs in the written judgment that were stricken in the oral
pronouncement?

FACTUAL
AND PROCEDURAL BACKGROUND

¶3
On January 12, 2016, Iverson was charged with felony driving
under the influence, in violation of § 61-8-401, MCA. On
March 18, 2016, the Information was amended to add an
alternative offense of felony DUI per se in
violation of § 61-8-406, MCA. Following a jury trial,
Iverson was acquitted of felony DUI and convicted of felony
DUI per se. Over Iverson's objection, the
District Court instructed the jury, "When circumstantial
evidence is susceptible to two interpretations, one that
supports guilt and the other that supports innocence, the
jury determines which is most reasonable" and denied
Iverson's proposed circumstantial evidence instruction.

¶4
On January 9, 2016, Iverson was stopped for speeding. Upon
interaction with Iverson, Officer Wardensky noted her speech
to be slightly slurred and he observed her eyes to be red and
glassy. He also noted she smelled of alcohol. Iverson
admitted to drinking alcohol and smoking medical marijuana.
Iverson admitted going to the Silver Bullet Bar for dinner
and consuming a couple alcoholic drinks. After leaving that
bar, Iverson also admitted to stopping at the Eagles for an
additional alcoholic drink. She was on her way home from the
Eagles when she was stopped. Officer Wardensky arrested
Iverson for the offense of DUI. At the detention center,
Iverson exhibited indications of impairment on standard field
sobriety tests including raising her arms and losing her
balance on the walk-and-turn test. Iverson refused to provide
a breath sample. As such, Officer Wardensky obtained a search
warrant for a blood draw. Approximately two hours after being
stopped, Iverson's blood alcohol content (BAC) registered
0.107 plus or minus 0.008 grams of ethanol per 100
milliliters of whole blood.

¶5
Montana State Crime Lab forensic toxicologist Douglas Lancon
testified regarding his testing of Iverson's blood sample
explaining his finding of 0.107 reflected Iverson's BAC
at the time of the blood draw. He explained initial effects
of alcohol include impairment of judgment and euphoria and
later effects include slurred speech and disruption of fine
and gross motor skills which impair the ability to
successfully complete field sobriety tests such as the
walk-and-turn and one-leg stand. He explained an individual
can begin to exhibit the effects of alcohol within 20 minutes
or less of consumption. Further, depending on how much a
person has already consumed, consumption of new alcohol can
affect a person within minutes. Lancon described the
uncertainty in attempting to calculate a person's BAC at
a time prior to her blood draw, noting a variety of impacting
factors such as the person's weight, whether she had
eaten, when she consumed alcohol, what alcohol she consumed
and how long had she consumed alcohol. Lancon ...

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